May - June 2012
Land, Buildings for Sale / Demolition Advertisements
Revised Asbestos Inspection Procedures
Section 5 of the Right of Way Manual, which deals with Improvement Control, has been updated to
include the revised asbestos inspection procedures and forms. AARS will also be revised to include tracking
these inspections, which must be performed on all major improvements in the right of way.
Right of Way Operations Manual
As of May 26, 2010, the Right of Way Operations Manual
has been revised.
New Title Research Manual
The Process Improvement Initiative Task Team 4.4 has written an updated manual
on how to prepare title work. The manual is available on the Right of Way website and will be useful
to all persons preparing title reports for acquisition projects. The members of this team were Paul
Charron, team leader, Eric Lanier from Location and Survey, Todd Vincent, with Sellers and Associates,
Inc., Charles Hudson, Mike Del Rio, and Hubert Graves.
This Process Improvement Team has also prepared Microsoft Presentations on
The Title Work Manual, DOTD title work standards, applying for the Right of Way Title Work Panel,
and the associated documents and applications to apply for the panel. These may be accessed on the
Training page of this Website.
Nondiscrimination Policy
Title VI prohibitions against discrimination have been incorporated
in the Real Estate Manual in Section 7. These procedures now require that we collect race
and sex information on owners and displacees. This information will be used by the Compliance
Program Section to insure that Real Estate, its consultants and agencies over which it has oversight,
do not discriminate on the basis of race, sex or national origin.
The brochure Acquisition of Right of Way and Relocation Assistance has been revised to
include this information.
In addition, beginning December 1, 2005, a copy of the following correspondence will sent
to the DOTD Compliance Programs Specialist:
- Request for Appraisals on a Project
- Project Initiation of Negotiations
This will give the DOTD Compliance Officer notice of projects that are about to commence Real
Estate activities so that she can decide if she wants to accompany appraisers or negotiators.
New Lease Back Requirement and Procedures
The Office of Risk Management has instructed us that lessees of DOTD properties must obtain and provide proof of renter's
insurance and liability insurance. The Lease Agreement, Adversely Impacted Lease Agreement,
and the Right of Way Operations Manual: Section 5 - Improvement Control have all
been revised to include this requirement.
Uniform Act 49 CFR Part 24 Revisions
In January 2005 the FHWA issued the final rule revisions to the Uniform Act. The determination of which
set of rules will govern project acquisition depends on the Project Initiation of Negotiations, as described below:
- If the ION occurred for a parcel before February 3, 2005, property owners, tenants, and other displacees are entitled to benefits
under the regulation in effect as of the date of the ION.
- If the ION did not occur for a parcel before February 3. 2005, property owners, tenants and other displacees from that parcel are
entitled to the benefits and protections contained in the new regulations.
- If a project is underway and the ION has occurred for some, but not all parcels, the Department may provide consistent benefits and
procedures across that project by following the new regulations for all parcels.
The manual has been updated to incorporate the revisions, which include the following changes:
- Expanded the scope of non-residential displacee interviews to include replacement site requirements; the need for specialists to assist
in planning the move; early personalty/realty determinations; the time needed to vacate; expected difficulty in locating a replacement property;
and identification of advance payments that might be necessary to complete the move.
- Increased the Searching Expenses limit from $1,000 to $2,500.
- Moved some business move expenses previously considered REESTABLISHMENT to ACTUAL MOVE EXPENSES:
- Costs to connect utilities from the right of way to improvements at the replacement site;
- Professional services necessary to evaluate a replacement site for suitability to the displaced person's business operation;
- Impact fees or one-time assessments.
- Removed the requirement to adjust the asking price on comparable housing to reflect market conditions in the area.
- Included professional home inspection as an allowed incidental expense.
- Allows a 180-Day Owner who elects to rent to receive a rental assistance payment up to the RHP amount if the market rent computation supports such a payment.
The following forms have been changed to reflect the new regulations:
RHP Claim
Occupant Inventory, Non-Residential
Replacement Comparison and Computation Sheet
Asbestos Inspections
The Right of Way Section is required to obtain asbestos inspections on all acquired improvements to be moved or demolished, either by Right of Way
or the Roadway Contractor. The new procedures are described in the Improvement Control part of the
Right of Way Manual, subsection 5.10.
Acquisition of Right of Way and Relocation Assistance Brochure
This brochure has been updated to reflect changes in the Uniform Act effective February 23, 2010.
Vendor Information
